Legal.

• Position: Industry Outlook - Salt Lake Chamber for Utah Business fifth Industry Outlook round table - Panel Discussion - Industry Overview

A room full of lawyers had the potential to become as hospitable as an aquarium full of piranhas. But conversation was polite when the managing partners, chairmen, and presidents of 21 Utah firms gathered in the boardroom of the Salt Lake Chamber for Utah Business magazine's fifth Industry Outlook round table.

Our community's legal eagles donated two hours to share their views on current legal trends, the relationship between law and business, and what fuels their love for the profession. Comments were articulate, manners gracious and the atmosphere collegial.

Attendees included Robert Anderson, VanCott, Bagley, Cornwall & McCarthy; Dennis Astill, Strong & Hanni; Peter Billings, Fabian & Clendenin; Lou Callister, Callister, Nebeker & McCullough; Blaine Carlton, Ballard, Spahr, Andrews & Ingersoll; Paul Durham, Durham, Jones & Pinegar; James Duzan, Trask Britt; Ray Etcheverry, Parsons, Behle & Latimer; Russell Fericks, Richards, Brandt, Miller & Nelson; David Gee, Parr, Waddoups Brown, Gee & Loveless; James Jardine, Ray, Quinney & Nebeker; John Kirkham, Stoel Rives; John Lund, Snow, Christensen & Martineau; Ralph Mabey, LeBoeuf, Lamb, Greene & MacRae; Thomas Mecham, Kirton & McConkie; Robert O'Connor, Wilson, Sonsini, Goodrich & Rosati; Jonathan Richards, Workman, Nydegger & Seeley; Steven Snarr, the Williams Companies; Alan Sullivan, Snell & Wilmer; Glen Watkins, Jones, Waldo, Holbrook & McDonough; Gary Weston, Nielsen & Senior.

Special thanks to Scott Matheson, Jr., dean of the S.J. Quinney College of Law at the University of Utah, for serving as panel moderator.

This gathering allowed senior and managing partners from the state's largest and most prestigious firms to discuss important issues related to business law. Their conversation also provides an opportunity for those of us interested in the legal industry's constant evolution to gain valuable insight. As Matheson pointed out at the conclusion of the gathering: "We've talked about some interesting issues. Some really insightful points have been made, and I think it really is extraordinary to get a group like this together."

What areas of the law have been emerging as central concerns of your business clients?

GEE: There are big developments in employment law that affect many businesses. Growth has been dramatic in finance, technology and IP.

ASTILL: The OSHA regulation area and environmental law impact small businesses, particularly. We've seen a trend towards judicial activism in Utah. That's a little disconcerting to businesses in terms of expanding tort claims and other claims they're exposed to.

LUND: Services for clients that are focused on privacy problems, whether it be employee records or the Internet. Recent legislation called the HIPAA law addresses privacy of healthcare records. Legal journals sell businesses the idea that they need privacy consultation from lawyers.

SNARR: I'm affiliated with the natural gas pipeline business, and there's been a trend toward less regulation. There will be some losers and some winners that used to be able to work within regulatory structures for some protection or comfort; and unleashing the market forces of competition, there are new issues to face.

ETCHEVERRY: Businesses that are in the business of selling are concerned about the viability of their customers and whether or not they're going to be there to pay the bill. Customers are taking a much harder look at whether their suppliers are being fair, whether or not they're engaged in fraudulent practices.

WATKINS: There's an increasing focus on director and officer liability, particularly those involved with public companies. With the Enron scandal, there are more questions being asked by people about discharging their obligations to shareholders and employees, and also tremendous focus on disclosure of information to investors.

SNARR: In some businesses, clients think that the business relationship is how they make money. The trend is toward solving business problems with suppliers and customers rather than resorting to litigation.

KIRKHAM: Providing good, sound advice to businesses that need a lawyer by their side. It's still professional advice from a lawyer that is primary to the interest and concerns of businesses.

BILLINGS: One change is a willingness of clients to consider mediation or arbitration rather than litigation. They've spent a lot of money litigating in the past, and it doesn't always turn out well.

What importance do you ascribe to preventive legal counseling in today's business climate?

ASTILL: Smart businesses are seeking help in advance, and they're becoming more educated in order to avoid litigation.

JARDINE: Clients now go to one firm for one service and another firm for another service, instead of looking to a single firm for all their legal needs. That takes you away from being able to give general preventive counseling the way you did 10 or 15 years ago when you felt like you had an overall responsibility to a company's legal...